JAKARIA KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant Misc. petition under Sec. 482 Cr.P.C. has been filed by petitioner, seeking to quash FIR No.106/2012 registered at Police Station Chaupanki, District Alwar for offences under Ss. 4, 5 and 6 of the Explosive Substances Act, Sec. 336 of IPC and Sec. 3 of the Prevention of Damage to Public Property Act.

(2.) Heard counsel for parties and perused the material available on record.

(3.) Contention of learned counsel for the petitioner is that the investigation on the impugned FIR has been carried out and thereafter, charge-sheet against other accused persons namely Sahoon, Pramod Kumar Singh, Saddam, Sitaram and Mr. Yakub have been filed but no incriminating evidence against the petitioner has been found, except that co-accused Mr. Sahoon made statements that the explosive material of Ammonium Nitrate was supplied by the petitioner, however investigation against petitioner has been kept pending under Sec. 173(8) Cr.P.C. It has been contended that even if case of prosecution against the petitioner is taken as true, the recovered explosive substances i.e. Ammonium Nitrate does not fall in the category of explosive substances and not required any license for its storage or sale. It is only after promulgation of the Ammonium Nitrate Rules, 2012 (for short "Rules of 2012") w.e.f. 11/7/2012, it has been held necessary to obtain a license for storage, possession or sale and use of Ammonium Nitrate but a grace period of 6 to 18 months is provided under Rule 5 to obtain the license. Therefore, as per Rules 2012, no case against the petitioner is make out before expiry of six months from the date of launching the Rules i.e. 11/7/2012, hence the involvement of petitioner in the impugned FIR, registered on 30/12/2012 is wholly arbitrary and unwarranted.